KOMPETENSI ABSOLUT PENGADILAN AGAMA DAN KEKHUSUSAN BERACARANYA PASCA AMANDEMEN UNDANG-UNDANG NOMOR 7 TAHUN 1989 TENTANG PERADILAN AGAMA

Sabri Fataruba(1*)

(1) Fakultas Hukum Universitas Pattimura
(*) Corresponding Author

Abstract

Absolute competency Religious Courts after the amendment of Law Number 7 of 1989 both according to Act Number 3 of 2006 on the amendment of Act Number 7 of 1989, and according to Act Number 50 of 2009 on the Second Amendment Act Number 7 of 1989 on
Religious Courts become increasingly widespread with the presence of a special Courts in the province of Nangroe Aceh Darussalam, the competence not only in the field of civil law of Islam, but also including Islamic criminal law as well as other competencies stipulated in the by laws. The Religious Courts Competence to grow wider with their competence and
adjudicates disputes zakat, infaq, and economic syari’ah, then, specifically with regard to
the absolute competence Religious Competency Courts in examining and deciding disputes
syari’ah economy, the parties to the dispute are not only people who are Muslims, but
potencialy also for those non-Muslim who voluntary submit himself to the laws of Islam. In
addition, with the elimination of the option rights, the Religious Courts also authorized to
examine and decide property disputes and other civil cases related to the object of the dispute is set out in article 49 of Act Number 3 of 2006, when the subject of the dispute is between those who are Muslims. Specificity associated with litigation, with the potential for
non-Muslim people as a subject for dispute resolution in the syari’ah economy on the basis of voluntary submission to Islamic Law, then, the position of the principle of personality to
Islamization as a procedural specificity on the Religious Courts as a contained in article 1
paragraph 1 of Act Number 7 of 1989 is not absolute again. Another thing that is necessary
and should be regulated, but it is not regulated at all, both in the first amendment , namely Act Number 3 of 2006, and the second amendment, namely Act Number 50 of 2009 on amendment of Act Number 7 of 1989 about Religious Courts relating to the specificity of the hearing of the Religious Courts is a problem charging the case, but with the expansion of its jurisdiction as set forth in Article 49 in conjunction with article 50 of Act Number 3 of 2006, the provisions on court fees, as contained in Article 89 paragraph (1) of Act Number 7 of 1989 is no longer relevant, so if the judge would still apply, it is devinitely potentially also apply to the judge in the case decide imposition of court fee is not fair to the parties, especially for led by won in a yudicial decision.

Keywords

Competency; Specificity Proceedings; Religious Courts

References

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Abd. Shomad, Hukum Islam: Penormaan Prinsip Shari’ah dalam Hukum Indonesia, Cet I. ( Jakarta: Kencana Prenada Media, 2010.

Abdul Ghafur al-Anshari, Peradilan Agama di Indonesia Pasca UU No. 3 tahun 2006, Yogyakarta: UII Press, 2007.

Cik Hasan Bisri, Peradilan Agama di Indonesia, PT. RajaGrafindo Persada, Edisi Revisi, Cetakan Ke-3, 2000.

Mardani, Hukum Acara Perdata Peradilan Agama & Mahkamah Syariah, Sinar Grafika, Cetakan Pertama, 2009.

Muhammad Daud Ali, Hukum Islam, Pengantar Ilmu Hukum dan Tata Hukum Islam di Indonesia, Edisi Keenam,, PT. RadjaGrafindo Persada, Jakarta 2000.

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